Question juridique clé
Whether the pension fund may offset the full BVG disability pension against its recovery claim.
Solution extraite
The fund may offset only to the extent that the combined disability insurance and occupational pension income exceeds the debtor's subsistence minimum; any offset affecting the minimum is impermissible.
Motifs extraits
In social insurance, offset is allowed only if the enforceable subsistence minimum remains intact. Supplementary benefits are not added to the income side for this test, because they are subsidiary and would otherwise be circularly counted as covering the gap caused by the offset.